선수금 등
1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. Basic facts
A. On June 22, 2009, A received the registration of ownership transfer as to No. 101 of the building No. 101 (hereinafter “instant store”) on the ground of three lots outside Busan City from New Daily Construction Co., Ltd., and around November 30, 2009, A operated a public bath business with the trade name “F” at the instant store.
B. On August 26, 2011, the Defendant leased the instant store from A with a deposit of KRW 200 million, monthly rent of KRW 5 million, and the term of lease from August 31, 201 to May 30, 201, and run public bath business in the same trade name.
C. On September 6, 2011, A paid KRW 10,822,433 to the Defendant on the basis of the settlement of the amount corresponding to the remaining usage period of the members among the monthly membership fees received by A as of September 1, 2011 (hereinafter “Advance payment”).
With respect to the instant store, on May 4, 2012, the auction procedure for real estate was initiated upon the application of the Industrial Bank of Korea.
(J) On May 24, 2012, the Defendant reported to the lien holder at the above auction procedure. On June 5, 2013, the Defendant received KRW 50 million from the Plaintiff and voluntarily withdrawn the report on the right of retention.
E. The Plaintiff obtained the decision to permit sale on May 31, 2013 at the above auction procedure, and completed the registration of ownership transfer on the instant store on June 24, 2013.
On July 8, 2013, the Plaintiff, along with the Defendant, visited Busan So-gu Office and reported the succession of the status of the business operator to the aforesaid “F.”
[Based on recognition] 1 to 6 evidence, and the fact-finding results of November 11, 2014 to the head of the Busan annual government office of the court of first instance, and the purport of the whole pleadings.
2. The assertion of the parties and their determination
A. The Plaintiff’s assertion is related to the Plaintiff, ① KRW 6 million as agreed on the period of use from June 6, 2013 to July 5, 2013, ② KRW 8,885,350 as agreed on the period of use, ② KRW 6,528,00 as agreed on July 6, 2013, and KRW 6,528,00 as daily usage right issued by the Defendant (=2,176 x 3,00 won), ③ the instant store.